Legal Opinion

Buchanan v. Boyd's Exor

Court of Appeals of Kentucky

Decided January 20, 1909Published

CASE 48. — ACTION BY R. BOYD AGAINST NATHAN BUCHANAN AND ANOTBÉER. Appeal from Whitley Circuit court. From a judgment for plaintiff, defendants appeal, making plaintiff’s executor a party, and the executor moves to dismiss the appeal.

1Opinion

Opinion on Rehearing by

Judge Hobson.

On September 29, 1906, R. Boyd recovered a judgment against Nathan Buchanan, etc., for a tract of laud. After the entry of the judgment Boyd died; and after his death, on September 19,1908, Buchanan, etc., filed with the clerk of this court a copy of the judgment, and sued out an appeal from it before him, designating in the statement filed R. Boyd -and R. Boyd, Jr., as his executor the parties appellee.- On *436November 11, 1908, the transcript was filed. On January 4, 1909, the executor entered a motion to dismiss the appeal. The motion was overruled. See…

2Cases cited3 opinions

  1. Buchanan v. Boyd's ExorCourt of Appeals of Kentucky · 1909
  2. Jones's v. FinnellCourt of Appeals of Kentucky · 1871
  3. Brown v. BennettCourt of Appeals of Kentucky · 1898

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